An old criminal record can affect jobs, housing and other parts of daily life long after a case ends. Virginia has two ways to limit public access to some records: expungement and record sealing. Which one applies depends on how the case ended, the type of offense and what is on your record.
When expungement may apply
Expungement only applies when a charge does not lead to a conviction. This may include an acquittal, a charge dropped by the prosecutor or another dismissal that qualifies. It can also apply in limited cases involving a wrongful conviction. One example is an absolute pardon for a crime the person did not commit.
The court looks at whether the arrest record may cause a manifest injustice. In simple terms, the record may create an unfair barrier to work, housing or school. Expungement removes eligible records from access and keeps them from public view.
When record sealing may apply
Record sealing can apply to a wider range of case results. Newly enacted Virginia laws allow sealing a record depending on how the case ended and the type of offense. These may include:
- Automatic sealing for qualifying misdemeanor and felony cases that end in acquittal or dismissal
- Automatic sealing for certain misdemeanor convictions
- Court-requested sealing for certain misdemeanor convictions
- Court-requested sealing for some Class 5 or Class 6 felonies
- Court-requested sealing for certain felony larceny convictions
For court-requested sealing, the wait is 7 years for a misdemeanor and 10 years for a felony. The time starts from the latest applicable event in the case, such as the conviction or release from incarceration. During that period, the person generally cannot have a new criminal conviction, not counting traffic infractions.
A sealed record is not erased. The public cannot see it, but law enforcement, courts and certain employers or government agencies may still have access when the law allows it.
Why choosing the correct process matters
Expungement and sealing follow different rules. Reviewing the final case result and offense level will determine which path is available to you and is best for your needs. Legal guidance can help confirm eligibility, identify the right filing process and check whether the needed records and documents are ready before filing.